Whithed v. St. Anthony & Dakota Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by H. L. Whithed against the St. Anthony & Dakota Elevator Company and T. S. Edison. Judgment for defendants and plaintiff appeals.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by H. L. Whithed against the St. Anthony & Dakota Elevator Company and T. S. Edison. Judgment for defendants and plaintiff appeals. The purchaser from the time of sale until redemption and a redemptioner from the time of his redemption until another redemption is entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof. § 5549, Rev. Codes; Clement v. Shipley, 2 N. D. 430, 51 N. W. Rep. 414. One that holds or possesses land or tenement by any kind of title,…
1Opinion of the CourtYoung, J.
This is an action in claim and delivery brought by a purchaser of real estate at foreclosure sale to recover the'possession of a quantity of wheat grown upon such land during the redemption period. The case was tried to the court without a jury, and findings of fact were made by the trial judge upon all material points. From the facts found the trial court concluded, as matter of law, that the plaintiff was not entitled to recover, and a judgment was entered dismissing the action. Plaintiff appeals from the judgment.
The appellant does not attack any of the findings of fact, but accepts them…
2Cases cited9 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Walker v. McCuskerCalifornia Supreme Court · 1887
- Walls v. WalkerCalifornia Supreme Court · 1869
- Reynolds v. LathropCalifornia Supreme Court · 1857
- Clement v. ShipleyNorth Dakota Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Martinson v. First National Bank of Oakes (In Re Martinson)District Court, D. North Dakota · 1983
- Citizens' National Bank v. Western Loan & Building Co.Montana Supreme Court · 1922
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- United States v. Myra FoundationCourt of Appeals for the Eighth Circuit · 1967
11 more not listed; retrieve them via the Exa API.